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Administrative law

The norms of administrative law in the Russian Federation determine the procedure for the creation, reorganization and abolition of executive bodies, their list, goals and objectives of their activities, competence and other aspects of the legal status of these bodies, their structure and procedure for their activities. They also apply to the organization of local self-government, and the procedure for interaction of its bodies with public authorities.

The norms of administrative law, in addition, establish the procedure for the creation, reorganization and abolition of managed objects - enterprises, institutions and organizations and regulate many aspects of their activities, regardless of the form of ownership, their relationship with public administration bodies. The norms of administrative law also establish the procedure for forecasting, planning and pricing, the distribution of material resources, and the regulation of wages.

Specifying and supplementing the norms of constitutional law, the norms of administrative law define many of the rights and obligations of citizens, the mechanism for their implementation and protection from violations. The norms of administrative law are involved in establishing the legal status of public associations, public bodies, and regulate public service.

Administrative law regulates not only public management activities, but also managed activities. Examples of this are traffic rules, rules of conduct in public places, trade, hunting and fishing, rules governing teaching in educational institutions, sanitary rules, etc. The governing bodies monitor the observance of these rules and apply measures of state coercion for their violation.

The norms of administrative law determine which acts (actions or omissions) are administrative offenses, establish the types and measures of administrative responsibility for their commission, the procedure for proceedings in cases of such offenses.

In the scientific literature, the opinion was expressed that administrative law also regulates public administration. There is some truth in this statement: the state sometimes endows public associations and public bodies with public powers of an “external” nature. But in general, public administration is regulated not by legislation, but by the charters of public associations.

Administrative law does not regulate internal management in private firms, associations, concerns, etc. Their supreme bodies establish their own systems of governance, their own orders, which, however, must not contradict legislation.

Executive authorities act on the basis of laws, but many of them have the right to issue normative acts that regulate the activities of enterprises, institutions and organizations, as well as citizens, i.e. participate in determining their rights and obligations. A citizen may, of course, not exercise the right granted to him, but he cannot refuse this right itself, since it is established by an authoritative way - by law or on the basis of the law. All this is due to the fact that a state body, an official carrying out executive and administrative activities, acts on behalf of the state, expresses the state's will, and participates in the performance of the functions of the state.

Administrative law is very close to constitutional (state) law, and often it is even impossible to establish a clear line between their norms. But there are differences between these industries. Constitutional law occupies a leading position in the legal system, including in relation to administrative law. The latter takes from the constitutional law the initial principles, directly or indirectly related to the executive authorities, details and complements them, determines the mechanisms for the implementation of certain norms.

For example, the Constitution of the Russian Federation and other sources of constitutional law enshrine the fundamental rights, freedoms and duties of a person and a citizen. Administrative law concretizes many norms about them, supplements the legal status of a citizen with other (non-basic) rights and obligations, determines the mechanism for the implementation of many constitutional rights, freedoms and obligations. Thus, the Constitution of the Russian Federation establishes that decisions and actions (or inaction) of state authorities, local authorities, public associations and officials can be appealed in court (part 2 of article 46). The norms of administrative law are intended to determine the jurisdiction of various complaints, the timing and other aspects of the procedure for their consideration in an administrative manner (the procedure for considering complaints in courts is determined by civil procedural legislation).

Administrative law is closely related to civil law. Both industries sometimes regulate the same property relations, but in different ways. For example, by order of an authorized executive body, a state organization transfers other buildings, structures and equipment. In this case, the property relations of two organizations are regulated by the imperious method. The parties to the business agreement are guided by product standards that are established by the executive authorities, i.e. in an imperious way. Many civil law relations with the participation of a citizen also arise on the basis of acts of state administration. So, often a citizen's housing contract with a housing organization is concluded if he has a warrant for this living space. Property relations sometimes arise directly from acts of government (that is, without contracts); an example of this is the confiscation and requisition of objects, the imposition and collection of fines. The sphere of differentiation of civil and administrative law is also defined in the Civil Code of the Russian Federation (clause 3 of article 2).

Executive authorities sometimes act not as state bodies, but as legal entities acting on the basis of civil law norms. For example, an executive body can rent premises from any organization, use a telephone under an agreement with communications companies, purchase (within the budget) furniture, office equipment, etc. But in such cases, this body does not act as a subject of public executive and administrative activities, does not perform state functions.

Some of the norms of administrative law are closely related to the norms of labor law. The norms of administrative law determine the powers of the executive authorities to regulate labor relations (for example, the powers of the Government of the Russian Federation, the Ministry of Labor and Social Development of the Russian Federation).

The content of individual acts of management in the field of labor relations is determined, as a rule, by the norms of labor law, and the procedure for issuing an act - by the norms of administrative law, if, for example, a citizen goes to work in a state body, but not in a public office. The norms of labor law shall apply to civil servants, unless otherwise established by the norms of administrative law on civil service.

Through the relevant inspectorates and other control bodies, the state exercises supervision over the observance of labor protection and safety regulations. This activity is governed by administrative law.

Administrative law is closely related to financial law, which owes its birth to constitutional, administrative and partly civil law. Financial law, as you know, regulates public relations in the field of financial activities of the state, primarily on the accumulation and distribution of funds that make up the national income (taxes, budget). Administrative law defines the competence of the Ministry of Finance of the Russian Federation and other executive bodies operating in the financial sector. Financial law widely uses the direct order method in the regulation of financial relations, i.e. administrative and legal method.

The legal norms defining the competence of financial bodies as a specific group of executive bodies are at the same time the norms of administrative and financial law. When it comes to the rules that establish the content of the decisions of these bodies in the field of finance, this content is determined, first of all, by the rules of financial law. The organization of the work of financial bodies is regulated by administrative law. In other words, administrative law predominantly regulates organizational relations in the field of finance, and financial law predominantly regulates financial relations themselves as a special kind of economic relations.

Administrative law determines the competence of the executive authorities to regulate land relations and therefore is closely related to land law. For violation of a number of land law norms, administrative responsibility is incurred. All this testifies to the close intertwining of the norms of administrative and land law. The demarcation of administrative law from water, forestry and mining law is based on the same principle.

Has administrative law points of contact and with criminal law. The norms of administrative law determine which offenses are administrative offenses. Some of these misdemeanors border on crimes, and therefore, in order to give the correct legal qualification of unlawful acts, it is often necessary to interpret the relevant norms of administrative and criminal law in interconnection. Finally, it should be mentioned that criminal law establishes responsibility for malfeasance.

The rules of administrative law can be divided into material and procedural.

In administrative law there is no single universal process, there are many of its varieties, which is predetermined by the breadth and variety of social relations regulated by substantive administrative law. For example, one procedure has been established for resolving issues on the provision of living space, another for issuing permits for the purchase of hunting rifles, a third for resolving the issue of admission to universities, and the fourth for resolving cases of administrative violations. At the same time, these and other processes have common features.

Administrative law is huge in scope, diverse and changeable in content. Its norms, based on the norms of constitutional law, are contained in a large number of federal laws and laws of the constituent entities of the Federation, in decrees of the President of the Russian Federation and presidents of the republics, in decrees of the Government of the Russian Federation and the governments of republics within the Russian Federation, in orders of heads of administrations and in decrees of regional governments, territories, cities of federal significance, in the orders of ministries and heads of departments. Therefore, it is impossible to codify it.

The legal status of the Government of the Russian Federation and the organization of its work are regulated by the Federal Constitutional Law "On the Government of the Russian Federation" of December 17, 1997 * The structure of federal executive bodies is determined by the Decree of the President of the Russian Federation of August 17, 1999 **, and their legal status is determined by a number of federal laws and regulations on each of these bodies, approved by the President of the Russian Federation or the Government of the Russian Federation.

* SZ RF. 1997. No. 51. Art. 5712; 1998. No. 1. Art. one.

For example, the regulation on the Ministry of Internal Affairs of the Russian Federation was approved by the Decree of the President of the Russian Federation of July 18, 1996, amended and supplemented by the Decree of the President of the Russian Federation of September 6, 1997, and the structure of the Ministry of Internal Affairs of Russia was approved by the Decree of the President of the Russian Federation of April 24, 1998 *

Civil service is currently regulated by the Federal Law "On the Foundations of the Civil Service of the Russian Federation" dated July 31, 1995 * and a number of laws and other regulations that define the characteristics of service in the police, tax police, customs authorities, prosecutors, and courts.

* SZ RF. 1995. No. 31. Art. 2990.

Administrative responsibility is regulated by the RSFSR Code of Administrative Offenses (1984) with a large number of subsequent amendments and additions. At present, the preparation of a draft of a new Code of Administrative Offenses of the Russian Federation is under way.

The administrative procedure for considering complaints, applications and proposals of citizens is established by the Decree of the Presidium of the Supreme Soviet of the USSR dated April 12, 1968 "On the procedure for considering proposals, applications and complaints from citizens" (as amended by the Decree of March 4, 1980 with subsequent amendments and additions) *. This union legislative act continues to operate in the Russian Federation. The procedure for judicial consideration of complaints is determined by the Law of the Russian Federation "On Appealing Actions and Decisions Violating the Rights and Freedoms of Citizens in Court" of April 27, 1993, as amended by the Federal Law of December 14, 1995 **

* Air Force. 1980. No. 11. Art. 192.

** Air Force. 1993. No. 19. Art. 685; SZ RF. 1995. No. 51. Art. 4970.

Above, only some laws and other acts containing the norms of administrative law are named. There is no way to mention all the acts (there are tens of thousands of them).

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Plan

Introduction
Criteria and features.
Conclusion

Introduction

The essence and social purpose of administrative law, the specifics of administrative and legal regulation of social relations are revealed when analyzing the legal norms that make up the content of this legal industry, and allow us to determine its place in the legal system of the Russian Federation.

The norms of administrative law occupy an important place in the system of Russian law, as they regulate a wide range of various social relations. They determine the boundaries of the proper, acceptable or recommended behavior of people, the procedure for the activities of executive authorities and their officials, as well as state and non-state enterprises, institutions, organizations and labor collectives in the sphere of executive power (public administration). The norms of administrative law establish the legal regime of relations between subjects of state administration and local self-government, determine the rights, freedoms and obligations of citizens in the sphere of executive power and guarantees for their implementation. A significant place is occupied by norms on administrative, disciplinary and material responsibility, as well as on methods of ensuring the rule of law and discipline in the activities of executive authorities and their officials.

The norms of administrative law not only streamline, consolidate and protect the new social relations that arise during the transition to the market economy, but also displace from the sphere of executive power (public administration) social relations that do not meet modern conditions. In many of its norms, the mechanism of execution, implementation, application of the requirements of laws to specific circumstances and objects of management is determined.

norm administrative law regulation

Much attention is paid to the characterization of the content of the concept of "administrative-legal norm" in almost all textbooks and monographs devoted to administrative law. But, despite the large number of materials and developments on this topic, the problem of administrative and legal rule-making has not yet lost its relevance.

The purpose of writing this course work is to characterize the concept of "administrative legal norm", its inherent features and characteristics, and to study the process of implementing administrative legal norms. In order to achieve this goal, it is necessary to solve the following tasks:

1. The concept of the mechanism of administrative and legal regulation and its elements.

2. The concept and sources of administrative and legal norms, their features, content and structure.

3. Classification of norms of administrative law. Criteria and features.

4. Implementation of administrative and legal norms.

5. The role and importance of administrative and legal norms in the activities of border authorities

In accordance with the tasks set, the work is divided into 5 parts, each of which is devoted to the disclosure of the corresponding problem.

1. The concept of the mechanism of administrative and legal regulation and its elements

Administrative law is a branch of law that regulates social relations arising in the process of organizing and executive and administrative activities of government bodies. Administrative law is a set of legal norms (norms of administrative law).

The administrative law of Russia has its own mechanism of administrative and legal regulation, which is understood as a system of administrative and legal means that affect public relations, organizing them in accordance with the tasks of the state and society. The structure of this mechanism includes the following elements:

1) the norms of administrative law and its principles, objectified in laws, decrees of the President of Russia and other normative acts;

2) acts of interpretation of the norms of administrative law issued by authorized bodies;

3) acts of application of the norms of administrative law, issued by officials of executive bodies in the exercise of their powers (including individual acts);

4) administrative and legal relations.

The main source of legislation on administrative responsibility is the Code of Administrative Offenses (CAO RF) of the Russian Federation and the laws of the constituent entities of the Russian Federation, adopted in accordance with the Code. But it is necessary to understand that the diversity of the parties to public legal relations, which are regulated by administrative law, determines the fact that the very norms of law, for violation of which administrative responsibility is established, can be established in other laws (Water Code, Labor Code, Customs Code, Tax Code, etc. etc.) and not included in the Code of Administrative Offenses. The Code of Administrative Offenses only defines the measures of administrative responsibility for violation of these rules of law. Bakhrakh, D.N. Administrative law: textbook / D.N. Bakhrakh, B.V. Rossinsky, Yu.N. Starilov. - M .: Norma, 2009 .-- 800 p.

For example, clause 4 of Article 13.12 of the Code of Administrative Offenses of the Russian Federation establishes administrative responsibility for the use of uncertified means designed to protect information constituting a state secret. Clause 4 of Article 13.12 of the Code of Administrative Offenses of the Russian Federation (as amended by Federal Laws dated 06.04.2011 N 68-FZ, dated 14.06.2012 N 78-FZ) The very same information security certification system for information security requirements (administrative law ), constituting a state secret, is determined by the Order of the FSB of the Russian Federation of 13.11.1999 No. 564.

In accordance with the Constitution of the Russian Federation, administrative law is under the joint jurisdiction of the Russian Federation and its constituent entities, therefore, many norms of administrative law are established by the legislation of the constituent entities of the Russian Federation. Constitution of the Russian Federation of 1993.

An important role in the mechanism of administrative and legal regulation is played by normative acts of the second level, which clarify the norms of administrative law. These acts include departmental letters, instructions, recommendations, etc. Acts of the third level are issued by officials of the executive authorities in the exercise of their powers. This can be an order to conduct an inspection, an order on the need to eliminate conditions conducive to the commission of an offense, and other acts.

The most important means of the mechanism of administrative and legal regulation are normative and individual acts. These acts correspond to two levels of administrative and legal regulation. The first level is made up of general rules of behavior of people, and the second level is formed by individual acts that determine, on the basis of an administrative-legal norm, the rights and obligations of specific participants in a legal relationship. The act of applying the norm of administrative law is included in the mechanism of administrative and legal regulation as a means of individual rights, obligations and measures of legal responsibility.

Each element of the mechanism of administrative and legal regulation plays a specific role in regulating the behavior of people and the social relations arising on its basis. Consequently, these elements of the mechanism simultaneously act as legal means of administrative and legal regulation. At the same time, administrative and legal means are included in the regulatory process in a certain sequence. Thus, administrative and legal regulation is a process of consistent use of administrative and legal means to achieve the goals of regulating the behavior of participants in public relations. In the administrative-legal relation, as an element of legal regulation, the provisions of a particular norm of administrative law are individualized, the nature, rights and obligations of the parties to the relationship are determined. Administrative and legal relations arise between government bodies, on the one hand, and the relevant state bodies, public organizations and citizens, on the other, in the process of applying the norms of administrative law. These relationships are characterized by the following:

1) one of the parties in them is always a state body (governing body) or its official, endowed with certain state power powers and acting on behalf of the state;

2) the attitude can arise against the will of the other side;

3) as a rule, disputes arising on these relations are resolved in an administrative manner, that is, by a higher management body or a state body specially created for this purpose.

The following can be cited as an example of the use of the mechanism of administrative and legal regulation and its means by the border authorities of the FSB of Russia. Article 18.2 of the Code of Administrative Offenses of the Russian Federation establishes administrative responsibility for violation of the rules of entry (passage) into the border zone, temporary stay, movement of persons and (or) vehicles in the border zone. Article 18. 2. Administrative Code of the Russian Federation (as amended by Federal Laws dated 06.04.2011 N 68-FZ, dated 14.06.2012 N 78-FZ) The border regime rules themselves were approved by Order of the Federal Security Service of the Russian Federation of September 28, 2006 No. No. 452. So, this order establishes an administrative-legal norm (clause 1.1), according to which the entry (passage) of citizens of the Russian Federation, foreign citizens, nationals of foreign states, stateless persons and vehicles into the border zone is carried out at the established places of entry ( pass):

1) according to identity documents;

2) by individual or collective passes issued by the border departments of the FSB of Russia for the constituent entities of the Russian Federation (by directions), in the presence of identity documents. Further, explanations are given of who has the right to travel (pass) by identity documents, and who by passes. For example, the entry (passage) into the border zone according to identity documents is carried out by officials of local self-government of municipalities on the territory of which the border zone is established. The same rules explain the procedure for obtaining individual and collective passes. The rules also establish that individual and collective passes are issued by the border departments of the FSB of Russia for the constituent entities of the Federation, in turn, the passes themselves are acts of application of the norms of administrative law. The Russian Federation. Federal Security Service. On the approval of the Rules of the border regime: order: [dated September 10, 2007 No. 458 (registered with the Ministry of Justice of the Russian Federation on October 31, 2007. Registration No. 10423) © ConsultantPlus, 1992-2013

2. The concept and sources of administrative and legal norms, their features, content and structure

Administrative legal norm is a normative legal one that regulates relations in the field of public administration, as well as relations of a managerial nature that arise in the process of carrying out state activities.

A rule of law in its legal meaning is a certain rule of behavior, the observance of which is guaranteed by various organizational, explanatory and stimulating means, as well as the use of measures of legal coercion against those who do not comply with it (disciplinary, administrative, material, criminal liability). Such qualities are fully inherent in administrative and legal norms.

The norms of this branch of law bear the imprint of the social relations that make up its subject. Accordingly, certain features characteristic of administrative and legal norms are manifested.

The features of administrative and legal norms include:

a) administrative and legal norms pursue the goal of ensuring proper orderliness of the organization and functioning of both the entire system of executive power (public administration) and its individual links, their rational interaction;

b) administrative and legal norms determine one or another version of the due, that is, corresponding to the interests of the rule of law, the behavior of all persons and organizations acting directly in the field of public administration and performing this or; a different scope of its functions (for example, the administration of a territory, region), or in one way or another affecting the interests of this sphere by its actions (for example, public associations, citizens). Proper behavior assumes what actions can be performed (permissions), which should be abstained from (prohibitions), which should be performed (prescriptions). This essentially expresses the controlling influence on behavior;

c) administrative and legal norms , acting in the field of public administration, first and foremost, they are intended to ensure the effective implementation of the constitutional purpose of the executive power mechanism, i.e. execution, implementation of the requirements of the laws of the Russian Federation. Thus, they express the essence of the executive branch of the unified state power;

d) administrative and legal norms , defining the boundaries of proper behavior in the field of public administration, serve the interests of establishing and ensuring a lasting regime of legality and state discipline in public relations arising in the process of public administration;

e) administrative-legal norms, unlike many other branches of Russian law, have their own legal means of protection against encroachments on them (non-compliance, unfair fulfillment of their requirements, etc.). This refers to administrative liability, as a rule, arising out of court. In the same aspect, we can talk about disciplinary responsibility. , the framework of which is incomparably narrower than that of administrative responsibility (exclusively service relations). Administrative remedies are not a purely administrative legal prerogative. With their help, the protection of not only administrative and legal norms and the management relations regulated by them is practically carried out, but also the norms of many other branches of law (for example, labor, financial, land, etc.);

f) administrative-legal norms in many cases can act as a regulator of other social relations, and not just their defender. So, with their help, the settlement of financial, land, labor and other relations is ensured; it is on their basis that the procedure for collecting taxes and fees is determined, state control over compliance with tax, environmental, labor legislation is carried out, the basic organizational principles of entrepreneurial activity are established, etc .;

g) administrative and legal norms are quite often established directly in the process of exercising executive power and directly by its subjects. Hamaneva, N.Yu. Administrative law of Russia: a course of lectures / N. Yu. Hamaneva. - M .: Prospect, 2008 .-- 704 p.

Giving a general description of administrative and legal norms, it is necessary to pay attention to some of their features. First of all, the issue of the ratio of enforcement ( enforcement) and legal establishment (lawmaking).

Any legal norm is an act of lawmaking and administrative legal norms do not constitute any exception. For the relevant subjects of executive power, the current legislation is assigned the authority to independently establish legal norms. There is administrative lawmaking .

Administrative law is characterized by legal mediation of such activities, the main content of which is the execution or application to specific circumstances of the requirements of laws that form the basis of the entire legal system of the Russian Federation. Therefore, administrative-legal norms, as a regulator of public relations of an administrative type, can be characterized as one of the most important legal forms of law enforcement in the field of public administration. Consequently, these norms carry in their content a twofold legal "load": legal and law enforcement. There is a very close relationship between these functions of administrative-legal norms, within which the following pattern is clearly revealed: legal establishment (law-making), in its essence, serves the purposes of law enforcement (execution). This, in particular, is evidenced by the fact that the current legislation establishes that the normative acts of the subjects of executive power are issued "in pursuance" of laws.

The administrative legal norm consists of

1) hypothesis - a condition for the operation of administrative legal norms (Article 13 of the Code of Administrative Offenses.).

2) disposition - a rule of behavior prescribed, permitted or recommended by this rule of law (Article 165).

3) sanction - measures of administrative and disciplinary action. Ovsyanko D.M. Administrative law: Textbook. // Ed. 3rd, rev. and add. - M .: Jurist, 2002 .-- 468 p.

However, there are certain peculiarities here too. So, not in all cases the hypothesis is clearly expressed . It often reveals itself in the form of legal facts (for example, reaching a certain age, committing an administrative offense, etc.). When regulating the activities of the administrative apparatus, it is not directly expressed, but is assumed as a condition for the compliance of this activity with the established competence of one or another subject of executive power.

The hypothesis contains an indication of the actual conditions for the implementation of the norm, the circumstances in the presence of which it is necessary or possible to act in a certain way. The circumstances envisaged by the hypothesis of the norm of administrative law are legal facts that give rise to, change or terminate administrative legal relations. For example, Article 13 of the Administrative Code provides that persons who have reached the age of sixteen by the time of committing an administrative offense are subject to administrative responsibility. In this case, reaching the specified age gives the right to the authorized bodies to bring the culprit to administrative responsibility.

The disposition - the central part of the administrative legal norm - determines the very rule of behavior prescribed, permitted or recommended by this rule of law.

The sanctions of an administrative-legal norm indicate the adverse consequences that occur for violators of the rule established by this norm. The sanction is provided, as a rule, in the form of specific disciplinary or administrative measures, and not all norms have such. For example, the norms governing management activities proceed from the fact that the relationship between superior and subordinate administrative and managerial workers is based on the principles of disciplinary power. The sanctions in this case are contained in the rules of a general nature related to the institution of public service. On the other hand, specific administrative sanctions are always enshrined in the rules providing for the composition of specific administrative and legal offenses.

Administrative and legal norms contain legally binding rules of conduct, addressed, first of all, to the subjects of the executive power (government). As an example, we can name the norms contained in the Law on the Government of the Russian Federation, in the Decree of the President of the Russian Federation of March 17, 1997 "On improving the structure of federal executive bodies", in the provisions on federal ministries, etc. This feature is explained by the fact that the nature and social purpose of public administration has a decisive influence on the nature of administrative and legal norms. Accordingly, in modern conditions, the main object of administrative and legal regulation is still the actions (behavior) of executive bodies, their internal structural divisions, as well as officials acting on their behalf. Administrative and legal norms, therefore, are designed "to a large extent to regulate the organization and functioning of the apparatus of state administration.

Administrative and legal norms, however, cannot be reduced to purely "apparatus" norms. The role of these norms is much more diverse, which directly follows from the essence and purpose of state management activities as a form of practical implementation of executive power. Accordingly, the management apparatus "lives" not only and not so much by the interests of its own being. He is daily connected both with lower levels, and with all other parties acting in the field of public administration, or one way or another affecting its interests. In the first case, we mean various kinds of state-owned entities (enterprises, corporations, institutions, etc.), and in the second, non-state entities of a political, socio-cultural, commercial type, as well as, what is especially important to emphasize, citizens ...

Consequently, the regulatory impact of administrative and legal norms is very large. This is their universality, how universal (in terms of scale) is the very activity of implementing the tasks and functions of the executive branch.

3. Classification of norms of administrative law

Criteria and features.

Exists various types of administrative and legal norms. The grounds for their subdivision into types are: content; the form of expression of the established rules; the circle of persons to whom they apply; the order of action of norms in space and other signs.

There are various criteria for the classification of administrative and legal forms. The most general character is the allocation of two main types of these norms: material and procedural.

Material administrative-legal norms are characterized by the fact that they legally establish a set of duties and rights, as well as the responsibility of participants in administrative relations regulated by administrative law, i.e. in fact, their administrative and legal status. The material norms express the legal regime within which the system of executive power (public administration) should function, participants in regulated management relations should act. Such administrative and legal norms are often called static. These are, for example, the norms defining the responsibilities of the relevant officials to accept and consider a complaint from a citizen within a specified time frame; norms defining the foundations of the competence of one or another subject of executive power, etc. Thus, the material administrative-legal norms determine the basis of interaction between the subjects of executive power and various kinds of management objects, their mutual legal possibilities.

Procedural administrative and legal norms regulate the dynamics of public administration and related management relations. For example, these are the norms that determine the procedure for receiving, considering, resolving complaints and applications from citizens; procedure for proceedings in cases of administrative offenses, etc. Their purpose is to determine the order (procedure) for the implementation of legal obligations and rights established by the norms of substantive administrative law within the framework of regulated management relations.

The classification of administrative and legal norms depending on their specific legal content is important. . It is based on one or another version of the method of administrative-legal regulation of managerial social relations. From these positions, the following types of administrative and legal norms are distinguished:

a) binding , that is, prescribing in the conditions provided for by this norm to perform certain actions. The decrees contained in this kind of norms can be expressed as a mandatory prescription. For example, when applying for a job in a public institution, the administration is obliged to issue an order; upon receipt of a citizen's complaint, the governing body (official) is obliged to consider it within thirty days; the emerging public or commercial association is obliged to register with the justice authorities; when entering a dwelling against the will of citizens living in it, the police are obliged to notify the prosecutor, etc., within 24 hours.

Currently, management practice proceeds from the need to drastically reduce direct prescriptions. The real mechanism of state administration can do without them objectively. We must not forget that the very legal regulation in its leading manifestation is reduced precisely to legal prescriptions, the nature of which may be different.

In particular, this is expressed in the fact that many binding (or prescriptive) administrative-legal norms are formulated not in the form of direct mandatory prescriptions, but only as a definition of general or special responsibilities of participants in regulated management relations. So, in the Law of April 18! 991 "On the police" states that in accordance with the tasks assigned to it, the police are obliged to perform a wide range of actions (Article 10); in total, there are 24 options for such actions. Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. 1991. No. 16. Art. 503 In essence, these kinds of norms determine the foundations of the competence of the subject of public administration. With regard to citizens, their general duties enshrined in the norm of administrative law are an element of their administrative and legal status;

b) prohibiting , that is, providing for a prohibition on the commission of certain actions in the conditions determined by this rule. Prohibitions can be general or specific. For example, it is common to prohibit actions (inaction) that fall under the signs of an administrative offense. The police are prohibited from using special means and firearms against women (with obvious signs of pregnancy), persons with obvious signs of disability and minors (minors) Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. 1991. No. 16. Art. 503, etc. This is a special prohibition;

c) authorizing (authorizing) or permissible (dispositive) norms. What unites these norms, various in their name, is that they express the possibility of the addressee, provided for by the administrative-legal norm, to act within the framework of the requirements of this norm at his own discretion. The main thing is that there are no direct prescriptions, as well as prohibitions. But the norm creates a certain legal regime, within the framework of which the participants in regulated management relations do not act arbitrarily, but obey the specified regime. The absence of prescriptions and prohibitions indicates the presence of another "leverage" of legal influence, namely, permission . In fact, permission is the essence of permission by this norm in the given conditions to perform or not to perform these actions; permissive norms, accordingly, can be characterized as permissive.

d) stimulating - provide with the help of appropriate means of material or moral impact of the proper behavior of participants in regulated management relations. For example: the establishment of tax incentives.

e) advisory - are advisory in nature. For example, regulation of the relationship between the subjects of the executive branch and non-state entities. Their nature is distinguished by its originality, because the recommendations, as a rule, do not have a legally binding character. Therefore, they are most often used in the relationship between the subjects of the executive branch and non-state formations.

Administrative and legal norms are classified according to other criteria. So, according to the addressee, the norms that regulate:

a) the organization and operation of the executive power mechanism, i.e. various parts of the state administration apparatus;

b) the administrative and legal status of civil servants - employees of the management apparatus;

c) key issues of organization and activities of both state enterprises and institutions;

d) the administrative and legal status of public associations;

e) certain aspects of the functioning of various kinds of commercial structures, including private ones;

f) the administrative and legal status of citizens,

In terms of content, administrative and legal norms are grouped into legal institutions - a set of certain legal norms, related in terms of the content of the social relations regulated by them. Accordingly, very numerous administrative and legal norms are subdivided into the following types of norms:

1.providing the rights, duties and responsibility (status) of subjects of administrative law: citizens, executive authorities, civil servants, enterprises, institutions and organizations;

2. defining forms and methods of implementation of executive power;

3. establishing administrative responsibility for offenses that are not crimes;

4. regulating administrative and procedural activities;

5. ensuring the legality of the activities of executive authorities;

6. defining basic provisions for the organization of public administration in the economic, socio-cultural and administrative-political spheres.

In terms of content, administrative and legal norms are divided into

a) general - regulating general relations of a general nature for all industries and spheres;

b) special - regulating general relations in a specific area of management. For example: in the economy, culture, public safety.

Taking into account the federal structure of Russia, administrative legal norms in terms of their scale are subdivided into:

- federal,

- established by the subjects of the federation (republican, territorial or regional, etc.).

- In terms of the scope of regulation, administrative and legal norms can be:

- general,

- intersectoral,

- industry-specific,

- local.

Finally, administrative and legal norms can be either intrasystemic (their legal force extends to the lower levels of the executive power mechanism), or generally binding. In the latter case, their action covers all types of participants in regulated management relations.

4. Implementation of the administrative legal norm

The implementation of the norms of administrative law, like other branches of law, is a process of practical implementation of the requirements contained in them and may consist in their implementation, as well as their application, i.e. the adoption on their basis of state-power decisions in relation to specific cases or subjects of the management process.

The implementation of administrative-legal norms means the practical use of the rules of conduct contained in them in order to regulate managerial relations, that is, the implementation of the expressions of will contained in them in various ways.Of course, all sides of managerial relations are involved in this process, but in different ways, that is, in accordance with their administrative and legal status.

There are two main options for the implementation of administrative and legal norms: execution and application. Sometimes adherence and use are added to these.

Execution is the performance by all participants in administrative-legal relations of those actions that are prescribed in the norms. Unlike enforcement, the application of administrative legal norms is carried out by executive authorities (officials) and is practically expressed in the publication by them of individual legal acts based on the requirements of substantive or procedural norms. For example, the issuance by the President of a decree on the appointment of a specific person to the post of federal minister is the application of paragraph "d" of Article 83 of the Constitution Ovsyanko D.M. Administrative law: Textbook. // Ed. 3rd, rev. and add. - M .: Jurist, 2002 .-- 468 p.

Compliance with administrative and legal norms is the exact adherence of participants in regulated management relations to those legal prescriptions, prohibitions or permissions that they contain. This option for the implementation of legal norms is universal, since its subjects are any participants in management relations. The reality of administrative and legal norms and the legal regime established by them in the field of public administration depends on the quality, volume and level of execution. Therefore, enforcement is the most important means of ensuring proper law and order and state discipline in the implementation of executive power.

In contrast to implementation, the application of administrative and legal norms is the prerogative of the relevant subjects of the executive branch. It is practically expressed in the issuance by the authorized body (official) of individual legal acts based on the requirements of material or procedural norms. These acts are issued in relation to specific administrative cases (for example, an order for appointment to a position, a decision on a citizen's complaint, registration of a public association, etc.). An administrative-legal norm is implemented not as a result of the fulfillment by one or another party of a managerial relationship of some kind, for example, a ban (crossing a street in the wrong place, etc.), but through an official legal-authoritative decision of a specific administrative case, which applies exclusively to competence of government bodies (officials).

Law enforcement is a generalized characteristic of the functioning of the executive power mechanism. That is why citizens do not have the authority to apply administrative and legal norms. Administrative law. / ed. B.N. Gabrichidze, A.G. Chernyavsky. - M .: Prospect, 2003..

Law enforcement in the administrative procedure and in cases specifically provided for by the current Russian legislation is also entrusted to the people's courts (people's judges). In particular, such actions are carried out by the judicial authorities both when imposing administrative penalties for committing administrative offenses (for example, for petty hooliganism), and when considering and resolving a number of administrative but inherently disputes (for example, on complaints from citizens about unlawful actions of government bodies and officials).

Thus, execution and application are two main ways of implementing administrative and legal norms. As for the observance of these norms as an independent way of their implementation, associated with the reaction of participants in managerial relations to prohibitions, it should be borne in mind that, in essence, it is a concrete expression of their implementation. Compliance is the basis for the implementation of administrative and legal norms in any of the previously mentioned ways; it is the most general category that characterizes the rule of law and discipline in the field of public administration, and not their particular manifestation.

The use can hardly be attributed to the number of terms that have legal significance. In fact, it can be interpreted only as an element of an additional characteristic of the execution of permissible administrative and legal norms.

Thus, administrative law as a set of legal norms governing public relations in the sphere of executive power, by its inherent methods and means, ensures the fulfillment of the requirements of the current Russian legislation, as well as the protection of the rights and legitimate interests of participants in regulated public relations.

Acts of legislative and executive bodies containing administrative-legal norms that regulate public relations in the sphere of executive power are referred to as sources of administrative law.

The sources of the administrative law of Russia are:

- the Constitution;

- laws (federal constitutional and federal), which contain administrative and legal norms;

- the relevant codes (primarily the Administrative Code, the Customs Code of the Russian Federation and other industry codes);

- normative acts of the President, Government, federal executive bodies;

- normative acts of the legislative and executive authorities of the constituent entities of the Federation and local government bodies that regulate administrative and legal relations. Vedomosti RF. 1993. No. 31. Art. 1224.

The most important official publications where administrative legal acts are published are:

- Collected Legislation of the Russian Federation (before May 1, 1994 - Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation),

- Collection of acts of the President and the Government of the Russian Federation

- Russian newspaper.

The process of implementation of administrative and legal norms today is far from ideal. This state of affairs is one of the manifestations of the existing crisis of the executive branch, expressed in the incapacity of many administrative and legal forms, the abundance of administrative and legal violations, disciplinary misconduct, in managerial "sovereignty", leading to the practical disregard of many norms in the regions and localities, etc. .P. Naturally, all this does not correspond to the conditions for the formation of the rule of law. The 1993 Constitution of the Russian Federation lays the foundations for ensuring the effective implementation of all legal norms, including administrative and legal ones.

5. The role and importance of administrative and legal norms in the operational and service activities of the FSB of Russia, border agencies of the FSB of Russia

The activities of the Border Guard Service of the FSB of Russia to ensure border security should have a clear legal basis. The lack of disclosure of the issue of its concept and content, when all subjects of state power are required to build relations with the population on the basis of the principles of democracy, negatively affects the results of their activities. The legal basis for the activities of the Border Guard Service of the FSB of Russia should have as its source and starting point the existing legal norms, enshrined in various sources of law.

In the process of studying and analyzing the legal foundations of the activities of the Border Guard Service of the FSB of Russia, the need to define this very concept immediately arises, which currently does not exist in legal science. Etymologically, the basis of a phenomenon is understood as its source, what it is built on, what is its essence. And the characteristic "legal" means belonging, corresponding to the law, that is, a set of norms, ideas and relations, which establishes the order of organization, control and protection of human behavior supported by the means of power.

The entire service of officials of the border agencies of the FSB of Russia is carried out on the principles of observance of the rule of law; humanism; respect and observance of human and civil rights and freedoms; respect for the sovereignty, territorial integrity of the state and the inviolability of its borders; peaceful settlement of border disputes; all-round mutually beneficial cooperation with the authorities of foreign states performing similar tasks; combinations of vowel and unspoken forms and methods of activity; one-man management and centralization of management.

These principles were developed in the guidance documents regulating the implementation of border activities (Resolutions of the Government of the Russian Federation of May 15, 1995 N 462 "On border representatives of the Russian Federation", of January 8, 1998 N 20 "On approval of the Procedure for the use of weapons and military equipment in protection of the State Border of the Russian Federation ", dated November 29, 1999 N 1310" On approval of the Procedure for the use of weapons and military equipment in the protection of the State Border of the Russian Federation in the underwater environment ", etc.).

In accordance with the provisions of the Federal Law of April 3, 1995 No. 40-FZ "On the Federal Security Service", the administrative powers of the federal security service bodies include: to identify, prevent and suppress administrative offenses, initiation and (or) consideration of cases about which are referred by the Code RF on administrative offenses to the jurisdiction of the federal security service; in accordance with the established procedure, carry out measures related to the admission of citizens to information constituting a state secret; participate in accordance with the legislation of the Russian Federation in resolving issues related to the admission and withdrawal of citizenship of the Russian Federation, entry into the territory of the Russian Federation and exit from it for citizens of the Russian Federation, foreign citizens and stateless persons, as well as the regime of stay of foreign citizens and stateless persons on the territory of the Russian Federation; draw up protocols on administrative offenses, issue rulings and decisions in cases of administrative offenses, impose administrative punishments in cases of administrative offenses, make submissions to eliminate the causes and conditions that contributed to the commission of administrative offenses, and exercise other powers in cases of administrative offenses referred to by the Code RF on administrative offenses to the jurisdiction of the federal security service; to cordon off (blockade) areas of the terrain (objects) in the suppression of acts of terrorism, riots ..., if necessary, inspection of vehicles; temporarily restrict or prohibit the movement of citizens and vehicles in certain areas of the terrain (at separate facilities), oblige citizens to stay there or leave these areas (facilities) in order to protect the life, health and property of citizens, conduct urgent investigative actions, operational-search and anti-terrorist activities; check citizens and officials of their identity documents, if there are sufficient grounds to suspect them of committing a crime; carry out administrative detention of persons who have committed offenses related to attempts to enter and enter specially protected areas of special-regime objects, closed administrative-territorial formations and other protected objects, as well as check these persons' identity documents, receive explanations from them, carry them out personal search, search and seizure of their belongings and documents; submit to state bodies, administrations of enterprises, institutions and organizations, regardless of the form of ownership, as well as to public associations, mandatory submissions on the elimination of causes and conditions conducive to the implementation of threats to the security of the Russian Federation ... and a number of others. No. 40-FZ "On the Federal Security Service" (as amended by Federal Laws of 11.07.2011 N 191-FZ, of 18.07.2011 N 241-FZ,

dated 08.12.2011 N 424-FZ) © ConsultantPlus, 1992-2013

Thus, the implementation of administrative norms, which are associated with the implementation of the administrative activities of the FSB bodies, constitutes a significant volume of activities of the national security bodies.

Conclusion

Any branch of law consists of legal norms, is their organized totality. The primary elements of administrative law, the "building blocks" on the basis of which the industry system is built, are administrative and legal norms. They can be understood as rules established or sanctioned by the state that regulate relations in the sphere of the executive branch, the implementation of which, if not implemented, is ensured by state coercion. The norm contains a rule, a model of proper behavior (disposition) in the presence of certain conditions (hypothesis).

Each norm is organically included in the sectoral system, outside of which it cannot operate. A huge variety of administrative and legal norms can be divided into types according to a variety of criteria. The most important for understanding these norms are the criteria for their essence, content and form.

According to their intended purpose, administrative and legal norms are divided into regulatory ones, containing rules for constructive, normal activities, and protective ones, designed to provide protection, protection of relations regulated by legal norms. And, accordingly, administrative law can be viewed as a complex consisting of norms regulating the creative activity of the executive branch ("active administration") and its protective activity ("passive administration").

In terms of content, material norms differ (they define the rights and obligations of subjects of legal relations) and procedural ones (they establish the order, procedures for exercising power). If criminal law has long existed separately from criminal procedural law, then within the framework of administrative law, two sub-branches are organically linked: substantive administrative law and administrative procedural law.

Using the method of influencing the behavior of subjects as a criterion for grouping, we can single out the norms that are binding, prohibiting, authorizing, encouraging.

The criterion of the limit of the validity of the norms (by territory, circle of persons) makes it possible to separate the generally binding norms from the in-house ones. Among the compulsory ones are federal, subjects of the Federation (republican, regional, territorial, district), city, district, settlement, rural. Among the internal hardware, one can distinguish general hardware, interdepartmental, departmental, local (operating within a separate organization).

The legal force of the norms depends on the position of those bodies that adopted the acts containing the norms. In other words, the hierarchy of norms reflects the hierarchy of the bodies that adopted them. The norms are legislative and subordinate. The latter can be contained in decrees of the President, decrees of the Government, orders and decrees of departmental bodies, decrees of heads of administrations.

According to the level of generalization of the rule (disposition), it is very important to distinguish between general and special norms. If the general and special norms have equal legal force, then in their competition, a special one is in effect. Competition arises when specific circumstances are consistent with the hypotheses of different legal norms. A special rule can be regarded as an exception to the general rule, established so that in the presence of additional facts named in its hypothesis, a special, and not a general, rule would apply.

According to the subjects (addressees), the norms governing the activities of state organizations and their employees, non-state organizations, citizens, as well as different subjects differ.

If the validity period of the norm is predetermined, it means that it is temporary, urgent. Permanent norms are in effect indefinitely, their validity period is not predetermined, they remain in effect until they are canceled. The urgent norm, if it is not canceled ahead of schedule, terminates automatically when the predetermined date comes.

The implementation of the norms of administrative law is a process of implementation of the state will by its subjects. This is expressed in the behavior of the subjects in accordance with the requirements of legal norms. In the literature, there are several forms (methods) of implementing the norms:

1) execution;

2) compliance;

3) use;

4) application.

The application of administrative and legal norms is the most important legal form of activity of the executive branch and is carried out in a special procedural order (for example, the application of an administrative penalty, licensing, conscription).

Bibliography

Legalsources:

1. The Constitution of the Russian Federation of 1993.

2. Administrative Code of the Russian Federation (as amended by Federal Laws of 06.04.2011 N 68-FZ, of 14.06.2012 N 78-FZ)

3. No. 40-FZ "On the Federal Security Service" (as amended by Federal Laws of 11.07.2011 N 191-FZ, of 18.07.2011 N 241-FZ, of 08.12.2011 N 424-FZ) © ConsultantPlus, 1992- 2013

4. Russian Federation. Federal Security Service. On approval of the Border Regime Rules: order: [dated September 10, 2007 No. 458 © ConsultantPlus, 1992-2013

5. Order of the Federal Security Service of the Russian Federation. "On approval of the List of officials of the FSB bodies authorized to draw up protocols on administrative offenses, and the implementation of certain provisions of the Code of Administrative Offenses in the FSB bodies": dated September 6, 2007 No. 453 © ConsultantPlus, 1992-2013

6. Order of the Federal Security Service of the Russian Federation. "Instruction on the organization of the activities of border authorities on the administrative expulsion from the Russian Federation of foreign citizens or stateless persons" dated December 23, 2008 No. 631 © ConsultantPlus, 1992-2013

7. Order of the Federal Security Service of the Russian Federation. "The list of officials of the FSB of Russia authorized to make a decision on the return to the habitat of aquatic biological resources taken free of charge or on the destruction of aquatic biological resources and products of their processing, including caviar" dated August 28, 2007 No. 432

Tutorialsandmonographs:

1. Bakhrakh, D.N. Administrative law: textbook / D.N. Bakhrakh, B.V. Rossinsky, Yu.N. Starilov. - M .: Norma, 2009 .-- 800 p.

2. Hamaneva, N.Yu. Administrative law of Russia: a course of lectures / N. Yu. Hamaneva. - M .: Prospect, 2008 .-- 704 p.

3. Ovsyanko D.M. Administrative law: Textbook. // 3rd ed., Rev. and add. - M .: Jurist, 2002 .-- 468 p.

4. Ovsyanko D.M. Administrative law: Textbook. // 3rd ed., Rev. and add. - M .: Jurist, 2002 .-- 468 p.

5. Administrative law. / ed. B.N. Gabrichidze, A.G. Chernyavsky. - M .: Prospect, 2003.

6. Ovsyanko D.M. Administrative law: Textbook. // 3rd ed., Rev. and add. - M .: Jurist, 2002 .-- 468 p.

7. Administrative law. / ed. B.N. Gabrichidze, A.G. Chernyavsky. - M .: Prospect, 2003.

8. Vedomosti RF. 1993. No. 31. Art. 1224.

9. Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. 1991. No. 16. Art.503

...

The concept of a norm in the field of administrative law

Administrative and legal norms were created to regulate public relations arising in the process of public administration. They are used in the implementation of intra-organizational activities of executive bodies and civil service.

Relationships established by the provisions of administrative law are often called managerial or central. Like any other norms, these are also formal, since they are present in bylaws, and their adoption and cancellation is preceded by a clearly defined procedure. The implementation of administrative and legal norms is supported by sanctions that are applied by officials and authorized government agencies.

What is the feature and differences

The specific features of administrative-legal norms are determined by the nature of the relations regulated by them between the participants of public legal relations. Legal norms in the field of management are characterized by the following features:

Target. The norms of this legal branch are designed to ensure the organization and operation of all executive bodies, the exercise of power and control over the implementation of the requirements contained in federal laws and regulations.
Action. Administrative and legal norms function on a wide scale, across the entire breadth of the economic, social, cultural and political life of society, linking the state administration apparatus with subordinate bodies and other subjects.
Imperativeness. Administrative norms are binding, since the legal prescriptions contained in them are within the competence of the acting subjects of the executive bodies. In parallel with them, administrative procedural norms exert their influence, which give rise to dispositive legal relations with the inherent equality of subjects. The latter are less common in the management sphere.

Unlike legal norms of other types, administrative ones have their own means of protection against incorrect interpretation and inappropriate application, which allows resolving disputes arising between participants in legal relations out of court. Lawyers argue this feature by the orientation of the management process towards the effective coordination of economic and political spheres.

What is included in the concept of the rule of law

First of all, it means the structure of the administrative-legal norm and the internal relationship of all its elements. The structure of the legal norm in the field of public administration is traditional, since it consists of a hypothesis, disposition and sanction. At the same time, administrative norms are not reduced to a single article of any one by-law document.

Hypothesis as part of the concept of administrative law

It is the hypothesis that actually determines the conditions for the implementation of the latter. The conditions for applying the hypothesis indicate the specific circumstances under which the rule becomes legal. So, for example, the hypotheses of an article from the Code of Administrative Offenses of the Russian Federation can be both abstract, defining only the conditions for the application of the dispositional part, and casuistic, that is, linking the provisions of a legal article with individual factual cases.

Types of dispositions

The disposition as a constituent part of the rules of behavior of subjects serves as a direct rule that prescribes the rights and obligations of the participants in the relationship. The disposition in the articles of the Code of Administrative Offenses can be of three types:

prescriptive;
permissive;
prohibiting.

Prescriptive dispositions clearly define how participants in legal relations should behave, and impose on them the obligation to take unambiguous actions. An example of an administrative-legal norm with a pronounced disposition is present in clause No. 132 of the Rules for organizing heat supply in the Russian Federation of 08.08.2012. According to the text of the document, after the registration of the consumer's appeal in the registration book is completed, the duty of the official is to choose an organization that provides heat supply to the consumer.

Permissive dispositions establish what functions and powers are assigned to public subjects of state administration within the framework of the requirements of this rule of conduct. Thus, in the course of implementing state control over environmental performance, authorized officials have the right to demand the elimination of identified violations, decide to suspend the work of an organization, or apply other, more effective legal measures pre-established at the legislative level.

The prohibition on the performance of direct actions or omissions that are considered illegal is imposed by the prohibiting disposition. Vivid examples of administrative and legal norms containing this type of disposition are found in the Rules of the road. For example, when the barrier is closed, the driver is prohibited from entering a railway crossing. In this case, it does not matter what color the traffic light is on at the moment.

Sanction in articles of the Code of Administrative Offenses of the Russian Federation

This element of the administrative legal norm determines the consequences for the violator in case of non-compliance with the disposition. The sanctions to the article contain instructions on the measures of administrative responsibility applied to a person who has committed a misdemeanor. For example, one should pay attention to Article 5.62 of the Administrative Offenses Code of the Russian Federation, which contains a sanction for discrimination against a person by gender, race, skin color, religion and other characteristics. For encroachment on the rights, freedoms and interests of another person, the violator faces a fine in the amount of 1,000 to 3,000 rubles. If the unlawful act was committed by a legal entity, the maximum amount of the fine may be up to 100 thousand rubles.

In addition to the fine imposed for violation of the Code, the structure of administrative and legal norms also includes other sanctions, implying disqualification, administrative arrest, a ban on the right to hold a particular position, deprivation of rights, etc.

What are the legal norms in administrative law

All existing rules of conduct for subjects are divided into several categories. Three main types of administrative and legal norms differ in characteristic legal properties. This allows them to be classified according to a number of characteristics. Exists:

Material and procedural norms are the basic classification of administrative and legal norms that consolidate the competence of subjects, as well as their responsibility, legal status and the regime in which the management system should function.
Prescribing, permissive and prohibiting norms. This classification is based on the method of influencing the behavior of participants in specific relations. The implementation of administrative and legal norms can take place in various ways.
Mandatory, dispositive and recommendatory. In the form of a prescription, the provisions of administrative law help to determine the behavior of subjects in the event of the occurrence of the conditions described in the disposition, taking into account the fact that other rules of conduct will not apply.

The classification of administrative and legal norms differs according to the subjects of legal relations. Separately, by-laws are issued to regulate the activities of government agencies and enterprise organizations. In addition to them, the Code of Administrative Offenses of the Russian Federation also contains articles that determine the norms of behavior of citizens, the scope of activities of public and religious organizations, as well as the apparatus of civil servants. In addition, the provisions of the Code also affect the rights, obligations and interests of foreign persons (citizens and organizations) located on the territory of Russia.

In terms of action in time, the norms can be urgent, that is, having a predetermined date of termination of legal force, and indefinite. Limited in time are decrees on the introduction of a state of emergency, the action of which is determined by exceptional circumstances (a destructive natural or natural-anthropogenic phenomenon); perpetual rules that must be implemented until they undergo formal changes or are canceled. Legal norms, including those that are adopted in the field of public administration, acquire official significance from the moment the document is signed or within the period specified for its entry into force.

The types of administrative and legal norms can be distinguished by their action in the space of a by-law document. We can talk about both the norms stipulated by multilateral international treaties, the force of which extends not only within the Russian Federation, but also on the territory of other states, as well as the provisions of federal laws or local regulations in force within the territorial limits of a particular region of the country.

Administrative control

In a generalized concept, control can be considered as a unified system of methods of influence of society on a person as a separate individual in order to correct his behavior, corresponding to the formed correct model. In principle, such a definition is also quite suitable for describing the concept of legal control, which is a kind of social. In any case, this term can be understood as an important condition for the full functioning of social groups or organizations, in particular the state.

Legal control should be viewed as a complex structure consisting of models of proper behavior on the one hand and a system of participants in legal relations on the other. In fact, the real behavior of people is controlled by other people when applying these norms, but at the same time their observance is mandatory for everyone. The effectiveness of legal control is expressed in the degree of implementation of established norms in the behavior of people.

How legal regulations are implemented

The application of provisions from normative acts is a direct implementation of legal norms, which consists in the implementation of lawful actions of subjects that do not contradict legal requirements and are expressed in the use of rights, the fulfillment of duties. The very process of practical application of rules and requirements is carried out by the subjects. Legal provisions, being implemented, are implemented through their observance, application and execution.

In the first case, we mean the voluntary submission of citizens, organizations, non-state enterprises and other subjects to the norms of administrative law, as well as refraining from performing actions that are prohibited by these provisions. Consequently, for the implementation of legal norms it is not at all necessary to take an active part in specific legal relations.

Only representatives of the executive branch are authorized to apply the provisions of executive acts. The application of legal rules of conduct is expressed in the publication of legal acts containing the requirements of substantive or procedural administrative law. Such documents are created for specific purposes and relate to a specific person (group of persons) - for example, a dismissal order, registration of a trade association, etc. The application of administrative and legal norms may be entrusted to the judicial authorities (penalty for committing an offense). The use of legally valid provisions is not excluded in the course of consideration of administrative disputes (for example, a complaint by a citizen about an unlawful act or omission of an official).

In contrast to the application, the implementation of legal norms in the field of administrative law is the active lawful actions of the participants in legal relations to fulfill the legal prescriptions present in the law and by-laws. If compliance with the norms implies the passive participation of the subjects, then any party to the legal relationship can comply with the established provisions. In a number of cases concerning the execution of administrative-legal norms, passive behavior is considered as illegal behavior. Execution of laws and by-laws is the main tool for ensuring law and order in the field of exercising power by executive bodies.

On the sources of administrative and legal norms

Legal norms cannot exist without external expression. Any legal provision must be formalized in such a way that people for whom it is intended can learn about it and become familiar with it in detail. Regardless of the form of the administrative legal norm (oral or written), there are several legal sources.

First of all, normative acts are divided into those that have the highest legal force and legal documents of various sectoral focus, for example, the Constitution of the Russian Federation and the Law of the Russian Federation "On Education".

The sources of legal norms in administrative law and according to the subject that adopted them differ. So, they share the acts adopted as a result of national referendums and acts adopted by the State Duma, the President of the Russian Federation, as well as administrative documents of the state administration, justice bodies and the municipality.

The most numerous sources are regulatory documents issued by the state administration. Among them, separate categories are acts of federal bodies and organizations, including orders and decrees of the Government of the Russian Federation, orders and instructions of central departments. International treaties like Russia have priority in the event of conflict or discrepancy with the content of federal laws.

Court decisions can be considered sources of administrative norms only if the current legal provisions are recognized as inconsistent with those legal norms that have more significant legal force. Among such acts of justice, decisions of courts of various jurisdictions, as well as Resolutions of the Constitutional Court of the Russian Federation, are distinguished separately.

If the regulations governing the issues of administrative coercion have been issued by the municipal government, such documents also acquire the status of legal sources.

Things to Remember

All branches of law are a collection of specific legal norms. Each provision is organically included in the system of that sphere, outside of which it either does not operate at all, or is applied only in individual cases. The norms of administrative law are the primary links on the basis of which social relations are built and the mechanism of state administration functions smoothly. By-laws and the regulations contained in them serve as a description of the proper models of behavior in legal relations, influencing the consciousness and will of people.

Features of administrative and legal norms are explained by their purpose - control and management over all spheres of public life. The activities of the administrative apparatus are diverse in content, therefore this industry is the largest in the domestic legal system. The life of the state and society, ensuring the rights and freedoms of citizens, to a greater extent depends on the effectiveness of the organizational system.

An administrative-legal norm is a rule of conduct established by the state in order to regulate public relations in the field of public administration.

Features of administrative and legal norms.

Since administrative and legal norms operate in the field of public administration, their first feature is the very subject of regulation or the specifics of the normalized social relations emerging in the field of public administration.

The second feature of administrative-legal norms is that they contain legally binding rules of conduct addressed to various entities operating in the field of public administration, but mainly to government bodies (executive authorities and local self-government bodies), since they regulate, first of all, the activities of the management apparatus.

Types of administrative and legal norms.

The main criterion for the classification of administrative legal norms is their legal content, in accordance with which these norms can be subdivided into:

a) binding, i.e. prescribing the obligatory performance of certain actions referred to in this norm (many such norms are contained in the rules of the road, fire safety, the rules for the circulation of civil and service weapons and cartridges for them on the territory of the Russian Federation and other acts);

b) prohibiting, i.e. providing for a prohibition on the commission of certain actions specified in this norm (for example, article 20.1 of the Administrative Offenses Code of the Russian Federation prohibits foul language in public places, insulting harassment of citizens and other actions that demonstratively violate public order and the peace of mind of citizens);

v) authorizing, i.e. providing for the ability to act at their own discretion within the requirements of this norm, i.e. provide an opportunity for participants in management activities to take certain actions or refrain from them (for example, a citizen may, in the prescribed manner, obtain the right to drive vehicles or use civilian weapons, or may not).

Depending on the subjects to whom the administrative-legal norms are addressed, the latter are divided into:

a) norms governing the legal status of executive authorities and local self-government bodies, forms and methods of their activities, organization of work;

b) norms establishing the administrative and legal status of employees of the state and municipal apparatus;

c) norms establishing the administrative and legal status of public associations (non-governmental organizations);

d) norms establishing the administrative legal personality of citizens of the Russian Federation, foreign citizens and stateless persons.

According to their official role, the norms of administrative law are divided into substantive and procedural.

The norms of substantive administrative law determine the content of the rights and obligations of the parties to public relations.

Norms procedural the rights determine the procedure for the implementation of these duties and rights (for example, the procedure for considering a complaint, an application).

By action in time administrative legal norms are divided into urgent ones, i.e. with a predetermined period of validity and unlimited, not having a predetermined period of validity. The latter are valid until canceled.

According to the circle of persons to whom their action applies, - general (refer to all persons in a given territory); special (act only in relation to specific subjects - military personnel, police officers, trade workers, persons responsible for compliance with fire safety rules and others).

By the limit of action in space (according to A.P. Korenev's classification), administrative and legal norms are divided into:

a) all-Russian (federal);

b) operating within the constituent entities of the Russian Federation;

c) extending their effect to a certain part of the territorial unit (for example, when declaring quarantine);

d) inter-territorial (or special), operating within several administrative-territorial units (districts, districts, territories, regions, etc.).

By volume of regulation(according to the classification of Yu.M. Kozlov) administrative and legal norms can be general, cross-sectoral, sectoral and local. In accordance with this criterion, administrative and legal norms may have intrasystem(their legal force extends to the lower levels of the executive branch) or obligatory character.

The structure of administrative and legal norms.

From the point of view of the internal structure, an administrative-legal norm, like any other rule of law, consists of a hypothesis, disposition and sanction.

A hypothesis is that part of a norm that contains an indication of the actual conditions, in the presence of which it is necessary to be guided by this norm, to execute or apply it. The hypothesis of an administrative legal norm can be absolutely certain, i.e. accurately indicating the facts, the presence of which gives the basis for being guided by this rule. For example, the hypothesis of the norms of the Federal Law "On Military Duty and Military Service" establishes the age (18 years), upon reaching which a male citizen of the Russian Federation must register for military service.

The hypothesis of an administrative legal norm can be relatively certain, i.e. giving only a general description of the facts that make it possible to be guided by this rule. For example, a person liable for military service without a valid reason, who did not appear when summoned to the military registration and enlistment office, may be prosecuted in the form of a fine imposed by the authorities of the military registration and enlistment office. In this case, the issue of recognizing the reason as disrespectful is decided by the official of the command body - the military commissar.

Disposition is the main part of an administrative-legal norm that defines the very rule of behavior prescribed by the rule of law (in a prohibiting norm - that which is prohibited).

A sanction is a coercive measure of state influence applied to persons who violate the established rules.

The most widespread are the following sanctions of administrative norms:

1. Measures of disciplinary responsibility. These include: a remark, a reprimand, a severe reprimand, a warning about incomplete official compliance, a demotion, etc.

2. Measures of a material and financial nature (for example, the prohibition to issue money from a settlement or current account if the main indicators of the production plan are not met.

3. Measures of administrative punishment.

According to Art. 3.1. Code of Administrative Offenses of the Russian Federation, these include:

1) warning;

2) an administrative fine;

3) paid seizure of the instrument of committing or the subject of an administrative offense;

4) confiscation of the instrument of committing or the subject of an administrative offense;

5) deprivation of a special right granted to an individual;

6) administrative arrest;

7) administrative expulsion from the Russian Federation of a foreign citizen or stateless person;

8) disqualification;

9) administrative suspension of activities.

The concept and types of administrative and legal relations.

An administrative legal relationship is understood as a public relationship regulated by an administrative legal norm.

Could such a relationship arise between citizens? G.I. Petrov substantiated the possibility of this, although this point of view was not widely disseminated in the scientific literature.

At the same time, Professor Yu.P. Nightingale argues that between citizens are possible police-legal relations, which are a kind of administrative-legal. For example, a farmer using firearms to protect his property, or a security guard to protect protected property. Any citizen has the right, within the framework of necessary defense, to use force in order to suppress a crime.

And Western legislation knows the right to "stop and search", which is vested in any citizen who suppresses a crime. It is complemented by the right to bring a suspect to the police. These are clearly administrative-legal (and even police-legal) relations between citizens, characterized by inequality of the parties. Also known are "vertical" administrative and legal relations between drivers, drivers and passengers, enshrined in the rules of the road.

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Administrative law what. Substantive rules of administrative law